Dinesh Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7319 of 2019 Arising Out of PS. Case No.-385 Year-2018 Thana- BAGHA District- West Champaran ====================================================== Dinesh Chaudhary S/o Late Yogendra Chaudhary resident of villageNaurangia, P.S-Naurangia, ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Zainul Abedin For the State :

Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 341, 323, 307. 504/34 of the Indian Penal Code. The allegation against the petitioner is of giving Chhura blow on the body of daughter of the informant, as a result of which, she sustained injury and proceeding for treatment, succumbed to the injuries.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 02-08-2018. Charge sheet has already been submitted. One case, which was pending against the petitioner, has already been dismissed for nonprosecution. The petitioner has falsely been implicated in the

Patna High Court CR. MISC. No.7319 of 2019(4) dt.29-04-2019 2/2 present case. The allegation made in the FIR is denied by the petitioner. The deceased has been done to death by one Bhutun Choudhary as the deceased had seen Bhutun Choudhary and her younger sister in compromising position.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R. The informant is an eye witness to the alleged occurrence. There is specific allegation of assault alleged against the petitioner. The deceased is the wife of the petitioner. The petitioner is said to be the assailant. Considering the nature and manner of allegation, I am not inclined to grant bail to the petitioner. Accordingly, prayer for bail of the petitioner in connection with Bagaha P.S. Case No. 385 of 2018 is rejected.

The trial court is directed to take all necessary steps to expedite the trial and conclude the same as early as possible, preferably within a period of one year from the date of receipt/production of copy of this order.

(Sudhir Singh, J) A.K.V.//- U T